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Home My WebLink About#3494-variance-1995 4 �� / � ; �' `�' ,, CITY of ORONO � O � � �� '�' ��:�.�_��=� �' RESOLUTION OF THE CITY COUNCIL 1 ,•� ��'�'�_�"->. � ' Np. �� !1 � �Y� "�'� �, �,,:� � �� - �9kESI;O¢� � RESOLUTION GRANTING � VARI��TCE TO 1�1ti��CIPAL ZONING COD�E SECTIO� 10.2�, SUBDIVISION 6 (B) FILE #1972 ��HEREAS, Daniel J. Radford (hereinafter "the applicant") is the owner oi tl-:e propem� iocated at 3593 Crystal Place within the City of Orono (hereinafter "City") and le�al:�� described as follows: Lot 11, Block 3, Navarre HeiQhts, Hennepin County, Minnesota (hereinafter "the propert��"); 3nd �'HEREAS, the applieant has applied to the City for a variance to Municipal Zonin« Code Sectioa 10.2�. Subdivision 6 �B) to permit construction of a 12'x16.4' three season porcr� to be located 18' from the street lot line instead of requirea 30'. NO«', THEREFORE, BE IT RESOLVED by the Ciry Council of Orono. :�linnesora: FINDINGS i. This application �;�as re��iewed as Zoning File #1972. ?. The property is located in the LR-1C, Lakeshore Residential Zcnin� District requirinQ 1/2 acre in area. The property consists of 8,715 s.f. or 2 acres. � The Orone PlanninQ Commission reviewed this application on October 17, 1994- and recommended unanimous approval of the proposed variance based upon the follo��inQ unique findinas and hardships: q. A residence has existed on the property for over fifry years prior to current zoning standards. Pa�e 1 of � :mm SJOS DisN Oroa-. �' ��' � CITY of ORONO O :, O�, �� RESOLUTION OF THE CIT'Y COUNCIL ��- � i ,;:.�-. � �'� ��1��:"�:�� NO. :� L� � � ,�,�'�°�, ' ' Gti 9kESH�g'� B. If addition �vas placed to the rear of the structure, it would have a major impact on access to natural liQhting to existina living areas of home. C. The existinQ residence is located 30' from the street lot line and approximately 36' from the actual traveled road of Crystal Place. D. The proposed addition will aliQn with the existinQ deck and stair within the street ��ard of the propertti� to the iinmediate «�est. E. The three season porch to be installed to the north side of the residence w�ll have no ��isual impact upon the residence to the immediate east because of the location of mature year round plantin�s on the propem�. 4. The City Council tinds that the conditions :,xisting on this property are peculiar to it and do not appl�� generally to other propem� in this zoning distr:ct; that Qrantinv the variance would not adversely affect traffic conditions, liaht, air nor goce a fire hazard or oth�,r danaer to neiQhborinQ property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substar!tial property riUht of tlle applicant; and would be in keeping with the spirit and intent �f the Zonina Code and Comprehensive Plan of the Cin�. 5. The City Council has considered this application includinQ the findings and rEcommendations of the Plannina Commission, reports b}� City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the communiry. CaNCLUSIONS, ORDER :�tiTD CONDITIONS Based upon one or more of the above findinQs, the Orona City Council herebv arants a variance to Municipal ZoninQ Code Section 10.25, Subdivision 6 (B) to permit construction of a 12'x16.4' three season porch addition to the north side of the existinQ residence approvina a 12' or 409� variance. subject to the following conditions: Paae 2 of � ��nn 5005 DisF Om� � o� �' `�' �, CITY of ORONO , O ��. O��,��,, � ��.=�� I I RESOLU�I'ION OF THE CITY COUNCIL I �� f � � ;; � `�. �� ,�p, d � �'L , �; , ��G 9kESHog l. lipon application for a buildina permit. applicant shall either have completed or shall submit the followina: A. Landscape plan providing screeninQ for proposed addition within street vard. B. Removal of all materials and equipment stored in rear yard. C. Removal of inetal shed within rear yard. 2 Per Section 12.05, Subd. ?, applicant is hereby advised that all exterier construction ir_cludin� siding, roofina, doors, windo��s ar.d finish shall be completzd and present a finished appearance within tv��el��e months of the start oi construction. �, Per Sectior. 10.03, Subd. 14 (C) of the Orono Municipal Code, applicant's improvemeats result in a total of 1,010 s.f. or 11.5 ro of structural improvemei�ts on this propem�. This property shall be limited to 490 s.f. of additioiial structu:a' improvements. 4. Authorities �ranted by this variance run with the property not with the applicant, but are permissive only and must be exercised by appliCatioil fOr a building permit within one vear of the date of Council approval, or this variance �vill expire on that date (November 14, 199�}. �. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a v�olation of the zoning code, shall automatically terminate an}� authority �ranted herein, and shall be punishable as a misdemeanor. 6. The undersianed applicant has read, understood and hereby aQrees to the terrns of this resolution and on behalf of himself, his heirs, successors and assiQns, hereby� aarees to the recording of this resolution in the chain of title of the propem�. PaQe 3 of � fam SOOS Di1M Or� � �`�' CITY of ORONO O_ :.,,� 4�,�, ��:`�:_�`� �� RESOLUTION OF THE CIT'Y COUNCIL � `��f"�, `�. � i' NO. � � � 4 ti � ; �� G �9kE38��`� Adopted by the Orono City Council on this 14th day of November, 1994. AT ST: - !/ i % %, � • or thy M. a in. City Clerk Edward J. Ca�Xahan, r., i`/Iay ., �� > � - � � � � roperty Owner(s 51'ATE OF MIN�'ESOTA ) 1 SS. COUNTY OF HENNEPIN ) The fore�oina ir.str�ment was acknowledaed before me on this 14th day of November, 1994, by Ed�;�ard J. Caliahan, �r. & Dorothy M. Hallin, Mayor & City Clerk of the Ciry of Orono. a Minnesota r:�unicipal corporation and said instrument �vas executed on behalf of the Citv. LINDA S.VEE , �� NOTARY PUBUG�dINNESOTA Notary Public ��. HENNEPIN COUNTY �,... My Commission Expires Jan.31,Z000 Pa�e 4 of � =y+n 5005 DisA Oron< . ` . �� ' CITY of ORONO O_��,._:.. O\, ��.`�� RESOLUTION OF THE CITY COUNCIL �;�� ''� ;��:�`� �'' � NO. � � � �� ,�� s,,-?_ Gti � t,,qk;,;, , Og;� E3H STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) „ s+ 199 5 before me a Notar�� On this � /- day of /-�� U � - 5� � — C� CY O�c�1 I�Y]C't��%.Ec� Public within and for said county,personally appeared�c�� ; � / --T � � k n o w n t o me to be the person(s) described in and who executed the fore�oinj instrument, and ac�:ncwledged that he (they) executed the same as his (their) free act and deed. ' ` �t� / % IINDA S.VEE �l l 1'� �'r�«-, J�. `'' c�� Qe` t�N+ra��c-�nN�soa► �,'OTARY PUBLIC HENNEPIN COUNTY •,... Nly Commission Expira Jan.31,2000 STP.TE OF �INNESOTA ) ) ss. COUNTY OF h'.ENNEPIN ) On this j Sk day oT � n '�-�y�^ ��='' , 199 S' before me a Nocary Public within and for said counry,personally appeared��hcL E �'��l-�':d rn'�'�r._�`� kno«�n to �e to be tY�e person�s) described in and who executed the foregoing instrument, and acl<nowledged that he (they) executed the same as his (their) free act and deed. Q�vy,�;L� �w: v-��`--`' NOTARY PUBLIC Paje 5 of 5 � Form 5005 DisM Ow�.